Madras High Court Directs Removal of Name from History Sheet in Absence of Criminal Activity Post-Acquittal. Petitioner Acquitted in 2019, No Subsequent Criminal Activity, Retaining Name Amounts to Harassment.

High Court: Madras High Court In Favour of Accused
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Case Note & Summary

The petitioner, G. Arul, a fruit shop owner near Ranganathan Street, opposite Mambalam Railway Station, T.Nagar, Chennai, filed a Writ Petition (Criminal) under Article 226 of the Constitution of India seeking a writ of Mandamus to direct the respondents to remove his name from the History Sheet (H.S.No.21 of 2022) maintained by the 2nd respondent police. The petitioner was falsely implicated in Crime No.970 of 2013 for offences under Sections 120(b), 148 read with 109, 341 read with 109, 307 read with 109, 506 read with 109 of the Indian Penal Code (IPC) and was acquitted by the XVIII Additional Sessions Court, Chennai on 19.03.2019. Despite the acquittal and no further criminal activity, his name was included in the History Sheet at the instance of superior officers to harass him and restrict his movements. He was compelled to attend the police station routinely. He made a representation dated 08.12.2025 to the 1st respondent (District Collector) requesting removal of his name, but it was not considered. The court, after hearing submissions, noted that the petitioner had been acquitted and there was no material to show any criminal activity after acquittal. The court directed the 4th respondent (Assistant Commissioner of Police, suo-motu impleaded) to consider the representation and pass appropriate orders within four weeks, and if the representation is allowed, to remove the petitioner's name from the History Sheet. The petition was disposed of accordingly.

Headnote

A) Criminal Law - History Sheet - Removal of Name - Police Regulations - Petitioner was acquitted in Crime No.970 of 2013 and had no further criminal activity - Court held that retaining name in History Sheet without reasonable suspicion of criminal activity amounts to harassment - Directed removal of name from History Sheet within four weeks (Paras 1-8).

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Issue of Consideration

Whether the petitioner's name should be removed from the History Sheet maintained by police after his acquittal in the sole criminal case and in the absence of any subsequent criminal activity

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Final Decision

The court directed the 4th respondent (Assistant Commissioner of Police) to consider the petitioner's representation dated 08.12.2025 and pass appropriate orders within four weeks from the date of receipt of a copy of the order. If the representation is allowed, the petitioner's name shall be removed from the History Sheet. The petition was disposed of.

Law Points

  • History Sheet maintenance requires reasonable suspicion of criminal activity
  • not mere acquittal
  • police cannot harass by retaining name after acquittal without fresh criminal involvement
  • representation must be considered within time frame
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Case Details

2026:MHC:729

WP Crl. No. 299 of 2026

2026-02-12

A.D. Jagadish Chandira

2026:MHC:729

Mr.P.Thompson (for petitioner), Mr.K.M.D.Muhilan (Additional Public Prosecutor for respondents)

G. Arul

The District Collector, The Commissioner of Police, The Inspector of Police, The Assistant Commissioner of Police

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Nature of Litigation

Writ Petition (Criminal) seeking removal of name from History Sheet

Remedy Sought

Direction to respondents to remove petitioner's name from History Sheet and consider representation dated 08.12.2025

Filing Reason

Petitioner's name was included in History Sheet despite acquittal in the sole criminal case and no subsequent criminal activity, causing harassment and routine police attendance

Previous Decisions

Petitioner was acquitted in Crime No.970 of 2013 by XVIII Additional Sessions Court, Chennai on 19.03.2019

Issues

Whether the petitioner's name should be removed from the History Sheet after acquittal and in absence of any criminal activity Whether the police can retain a person's name in History Sheet without reasonable suspicion of criminal activity

Submissions/Arguments

Petitioner: Falsely implicated in Crime No.970 of 2013, acquitted on 19.03.2019; no further criminal activity; name included in History Sheet to harass; compelled to attend police station; representation dated 08.12.2025 not considered. Respondents: No specific arguments recorded; Additional Public Prosecutor took notice.

Ratio Decidendi

A person acquitted of criminal charges and with no subsequent criminal activity cannot be retained in a History Sheet as it amounts to harassment and restriction of movement; police must have reasonable suspicion of criminal activity to maintain such records.

Judgment Excerpts

The petitioner was falsely implicated in Crime No.970 of 2013... and he was acquitted by the XVIII Additional Sessions Court, Chennai on 19.03.2019. Despite there being no further criminal activity on his part, his name was included in the History Sheet, at the instance of the superior officers in the Police Department, in order to harass him and restrict his movements. The petitioner has been compelled to attend the Police Station under the pretext of inquiry in a routine manner.

Procedural History

Petitioner filed WP Crl. No. 299 of 2026 on an unspecified date; court suo-motu impleaded 4th respondent on 12.02.2026; heard and disposed of on same date.

Acts & Sections

  • Constitution of India: Article 226
  • Indian Penal Code (IPC): 120(b), 148, 109, 341, 307, 506
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